Clark v. State

Harrison Clark, Calvin Wain and Clarence Gathright were jointly charged in the. district court for Douglas county with the murder of one Edward Flury while attempting to rob him. Clark, who will hereafter be called the defendant, demanded a separate trial, which was granted. He was convicted of murder in the first degree, as charged in the information, and the jury fixed death as his punishment. To reverse the judgment rendered on the verdict he brings the case here by petition in error.

The record discloses that on the evening of March 7, 1906, defendant went to the home of James Ross in…